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Home My WebLink AboutResolution 1990 - 0022RESOLUTION NO.90-22-7 APPROVING REIMBURSEMENT AGREEMENT WITH LANSON LEE RE SEWER LINE IN MEDIA PANORAMA STREET SERVING FOUR LOTS WITHIN TRACT 922 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,APPROVING REIMBURSEMENT AGREEMENT WITH LANSON LEE RE SEWER LINE IN MEDIA PANORAMA STREET SERVING FOUR LOTS LOCATED WITHIN TRACT NO.922 The Board of Directors of County Sanitation District No.7 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That the certain Reimbursement Agreement for Sewer Line in Media Panorama Street dated March 14,1990,by and between County Sanitation District No.7 and Lanson Lee,providing for reimbursement of costs to developer. by the District for construction of a sewer line In Media Panorama Street which will serve four lots located within Tract No.922,Is hereby approved and accepted;and, Section 2 That reimbursement of said costs to developer,based on $6,135.00 per lot for three lots (one lot is owned by developer),is hereby authorized to be made in accordance with the terms and conditions of said Reimbursement Agreement,attached hereto as Exhibit “A”and made a part of this resolution;and, Section 3 That the Chairman and Secretary of the District are hereby authorized and directed to execute said agreement on behalf of the District in form approved by the General Counsel. PASSED AND ADOPTED at a regular meeting held March 14,1990. RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: County Sanitation Districts of Orange County,California PC Box 8127 Fountain Valley,CA 92728—8127 Space Above This Line For Recorder’s Use Only MAIL TAX STATEMENTS TO: County Sanitation Districts Exempt from Recording Fees of Orange County,California Governmental Acquisition PC Box 8127 Government Code Section 27383 Fountain Valley,CA 92728—8127 REIMBURSEMENT AGREEMENT FOR SEWER LINE IN MEDIA PANORAMA This Agreement,made and entered into this 14th day of March ,1990,by and between: COUNTY SANITATION DISTRICT NO.7 0? ORANGE COUNTY,CALIPORNIA,hereinafter referred to as “District” AND LANSON LEE,hereinafter referred to as “Developer”. W I T N E S S B T H WHEREAS,Developer is developing lots within Orange County’s unincorporated area in Tract No.922 that is also located within the District;and WHEREAS,in connection with said development,Developer has been required to construct a sewer line along Media Panorama Street which will have the capacity to serve four (4)lots,said sewer line to be constructed in the location shown on Exhibit “A”, 1 EXHIBIT A TO RESOLUTION NO.90—22—7 attached hereto and made a part hereof;and WHEREAS,the Developer,who owns only lot 8 of Tract 922,has paid the entire cost of constructing a sewer line,and the owners of lots 5,6 and 7 of Tract No.922 have not yet paid their fair share of the cost of construction of such sewer line;and WHEREAS,District agrees to reimburse Developer a portion of the cost of the construction of said sewer line,said reimbursement to be made to Developer after said improvements have been accepted by District,all in accordance with this Agreement. NOW,THEREPORE,in consideration of the mutual covenants, conditions and promises herein contained,it is hereby agreed by and between District and Developer as follows: 1.Developer has completed construction of the sewer line in Media Panorama,shown on Exhibit “A1’,for a cost of Twenty—four Thousand Five Hundred Forty Dollars ($24,540.00)in accordance with the construction plans that have already been approved by the District.Construction of said facilities have,and will continue to be at Developer’s sole expense without cost,charge,claim or obligation to District,except as hereinafter set forth. 2.Any and all improvements so installed shall be completed to the satisfaction of District,and shall become the sole property of District when finally accepted,and Developer shall have no ownership interest therein whatsoever. 3.At the time a property served by the sewer line,other than Developer’s lot 8,connects to the sewer line,District shall collect ‘from the owner or owners of that property,in addition to 2 any other fees due District,a sum equal to the proportionate share of the cost of the construction of the sewer line.The District has determined that a total of four (4)lots,lots 5,6, 7 and 8 of Tract No.922,will be served by such facilities.The proportionate share shall therefore be equal to one—fourth of the total cost of the sewer line,or the sum of Six Thousand One Hundred Thirty—five Dollars ($6,135.00)per lot.The owners of lots 5,6 and 7 of Tract No.922,as shown on Exhibit “A”,shall pay a fee equal to Six Thousand One Hundred Thirty-five Dollars ($6,135.00)per lot,in addition to any other applicable fees,if any of such lots are connected to the sewer line in Media Panorama. The total maximum reimbursement amount to be paid to Developer pursuant to this Agreement shall be Eighteen Thousand Four Hundred Five Dollars ($18,405.00),less a five percent (5%)administrative fee to be retained by the District for the reasonable costs of administering this Agreement. 4.No interest shall be due to Developer on any monies collected and reimbursed to Developer pursuant to this Agreement. 5.District shall reimburse Developer the amount it collects pursuant to paragraphs 3 and 4 hereof,after deducting the five percent (5%)administrative fee.It is specifically understood by Developer and District that District will reimburse Developer only when District is legally permitted to do so and has legally collected said construction costs.Should District not be allowed •to retain such funds when collected,or be stopped from so collecting,Developer shall have no claims against District,and 3 District shall have no further obligation to Developer. 6.This Agreement shall continue in full force and effect for a period of five (5)years unless sooner terminated by the total sum having been reimbursed.In the event that the total sum has not been reimbursed and five (5)years have elapsed since the date hereof,District shall be under no further obligation to reimburse or pay any monies to Developer for costs of construction of said improvements.In order to discourage property owners from waiting more than five (5)years to connect to the sewer line, District shall continue to collect Six Thousand One Hundred Thirty- five Dollars ($6,135.00)per lot which shall be used for District purposes.. 7.Developer agrees at all times during the term of this Agreement to keep District informed as to the exact mailing address of Developer.It is understood and agreed that Developer shall have the right to assign its interest in this Agreement to others and that District assents thereto,provided that said assignment is in writing and an executed copy thereof is delivered to District,and District.,is at all times kept fully informed of the name and address of the assignee to whom the reimbursement payments are to be made.District shall have the absolute right to offset any money due Developer under this Agreement,notwithstanding any assignment,if at the time funds become available Developer,or its successors in interest,owe the District any suns of money for any reason.Only the net money due Developer,after offset by District,will be paid pursuant to this Agreement.Developer may 4 also name a depository who shall be authorized to receive all sums payable to said Developer,its nominee,or assigns hereunder,and all sums paid to said depository shall be conclusively presumed by both Developer and District to have been paid in performance of any obligation of District under this Agreement. 8.No payment hereunder shall be made until the original of this Agreement is returned to.District.The value of the Agreement and successive payments shall be entered thereon,and the Agreement returned to Developer.After final payment is made,the Agreement shall be retained by the District’s Secretary in the official records of the District. 9.Thf s Agreement is made only for the benefit of the parties her+o;it is not intended that any rights under this Agreement~sh~ll accrue to any third person. IN WIT~ESS WEEREOP,the undersigned Developer and the undersigned histrict have caused this Agreement to be executed by 5 their duly authorized officers,this 14th day of March 1990. “DISTRICT” APPROVE AS TO FORM THOMAS L WOODRUFF GENERAL COUNSEL APPROVED AS TO FORM: THOMAS L.WOODRUFF DISTRICT COUNSEL By COUNTY SANITATION DISTRICT NO.7 OP ORANGE COUNTY,CALIFORNIA By Chairman,Board of Director Secretary, UD~~PERII LANSON LEE By ~4 • - CFI:cj :Q\Q91 1/19/90 6 (••~,••••~,••‘~ ‘-~1 •i / I c....~ PANORAMA REIMBURSEMENT AGREEMENT TRACT NO.922 LOT #5,6,a 7. a 7-9381 30 1 t~ .~I t.._.‘I 7-0393 ....%._l.• 4. 1~•~‘ LI 20 ‘‘S. ‘—~.t I.~ 3 t~J H. W.r4’.7-1574 7-7085 27 6 9 lr?O04 MEDIA •1~~i”1 •t .a %.•..•.I N NT.S. STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I,RITA J.BROWN,Secretary of the Board of Directors of County Sanitation District No.7 of Orange County,California,do hereby certify that the foregoing Resolution No.90-22-7 was passed and adopted at a regular meeting of said Board on the 14th day of March,1990,by the following vote, to wit: AYES:Don E.Smith,Chairman,John C.Cox,Jr.,Richard B.Edgar,Dan Griset,Roger R.Stanton,James A.Wahner NOES:None ABSENT:Sally Anne Sheridan IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 of Orange County,California,this 14th day of March,1990. Rita J.Brown,Secretary. Board of Directors of County Sanitation District No.7 of Orange County,California